PRECEDENTS. In Practice. Legal acts or instruments which are deemed worthy to serve as rules or models for subsequent cases.
2. The word is similarly applied ia respect to political and legislative action. In the former use, precedent is the appropriate word to designate an adjudged case which is actually followed or sano tioned by a court in subsequent cases. An ad judged case may be of any degree of weight, from that of absolute conclusiveness down to the faint est presumption ; and one which is in fact disre garded is said never to have become a precedent. In determining whether an adjudication is to be followed as a precedent, the following considera tions are adverted to. First, the justice of the principle which it declares, and the reasonableness of its application. Hoh. 270. If a precedcat is to be followed because it is a preoedent, even when decided against an established rule of law, there can be no possible cormotion of abuses, because the fact of their existeace would render them above the law. It is always safe to rely upon principles. See 16 Viaer, Abr. 499; Weskett, Inst.; 2 Swanst. Ch. 163 ; 2 Jac. St W. Ch. 318 ; 3 Ves. Ch. 527 ; 2 Atk. Ch. 559; 2 P. Will. Ch. 258; 2 Brown, Ch. 86; 1 Ves. Ch. 11; 2 Evans, Poth. 377, where the author argues against the policy of making precedents binding when contrary to reason. See, also, 1 Kent, Comm. 475-477; Liver more, Syst. 104, 105; Gresley, Eq. Ev. 300; 16 Johns. N. Y. 402; 20 id. 722; Croke Jac. 527; 33 Hea. VII. 41; Jones, Bailm. 46; PRINCIPLE; REA SON ; STARE DECISIS.
3. Accordiag to Lord Talbot, it is " much better to stick to the known general rules than to follow any one partioular preoedent which may he founded on reasons unknown to us." Cam. temp. Toth. 26.
Blackstone, 1 Comm. 70, says that a former decision is, in general, to be followed, unless " manifestly absurd or unjust ;" and in the latter case it is de clared, when overruled, n ot that the former sentence was bad law, but that it was not law. If an adjn diestion is questioned in these respects, the degree of consideration and deliberation upon which it was made, 4 Coke, 94, the rank of the court, as of inferior or superior jurisdiction, which established it, and the length of time during which it has been rioted on as a rule of property, are to be considered. The length of time which a decision has stood un questioned is an important elemeat; since, where a rule declared to he law., even by an inferior tri bunal, has been habitually adopted and acted upon Dv the community, and becomes thus imbedded in the aotual affairs of men, it is frequently better to enforce it as it is, instead of allowing it to be re examined and unsettled. It is said that in order to give precedents binding effect there must he a current of decisions, Croke Car. 528 ; Croke Joo. 386; 8 Coke, 163; and eveo then, injustice in the rnle often prevails over the antiquity and frequency af its adoption, acid induces the court to overrule it. But this is to be very cautiously done where it is a rule of property, so that a departure from it would unjustly affect vested rights.
Written forms of procedure which have l'een sanctioned by the courts or by long rofession41 usage, and are commonly to be followed, are designated precedents. ,Stephen, Plead. 392. And this term, when used as the title of a law-book, usually denotes a col lection of such forms.